The Civil Mandatory Pre-Trial Mediation System Research

China has no civil mandatory pre-trial mediation relevant legislation, but because a variety of reason in judicial practice mandatory pre-trial mediation is pervasive and Chinas basic level court. Whether the parties the right to judicial damage? Academia should how to treat had radical in China soil of this phenomenon?This article mainly from the Civil Mandatory pre-trial mediation of legitimacy and necessity to initiate, and enumerate some extraterritorial legislation precedent, analyze its practice in our country, finally elaborated myself to the mandatory pre-trial mediation system of reasonable conception.This paper is divided into five parts:First on the Civil Mandatory pre-trial mediation overview. The main analysis of its boundaries, nature and characteristics.Secondly, by the Civil Mandatory pre-trial mediation development western judicial ADR development history.Again in the list:brief introduction both inside and outside the domain of several national legislation Then the analysis of the Civil Mandatory pre-trial mediation’s value orientation, from its legitimacy and necessity to proceed, the author discusses his point of view.The last is the author of our civil mandatory pre-trial mediation of reasonable conception, from China’s actual situation, proposed should be addressed a perspective.